| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Raymond J. Wagner | Member |
APPLICANT REQUESTS: In effect, that his discharge should be upgraded and that his narrative reason for discharge be changed to physical disability. He contends that an injury to his left leg, sustained in basic training, interfered with or prevented him from performing his duties and led to the commission of the acts that resulted in his discharge.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant entered active duty on 1 September 1977. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B (Light Weapons Infantry).
The applicant was reported absent without leave from 3-9 January 1978. The applicant received nonjudicial punishment (NLP) under Article 15, Uniform Code of Military Justice for this period of AWOL. The punishment consisted of forfeiture of $150 per month for two months, two hours extra duty per day for 30 days and 30 days restriction. All punishment was suspended except for one month's forfeiture of pay.
On 16 March 1978, he again received NJP for willfully disobeying a lawful order. The punishment consisted of forfeiture of $92 for one month, 14 days extra duty, and 14 days restriction. As a result of this action his previous suspended punishment was ordered to be executed.
On 28 April 1978, a special court-martial (SPCM) found the applicant guilty of disobeying a lawful order and six specifications of absence from appointed place of duty (AAPD). His sentence consisted of 4 months confinement at hard labor. On 2 June 1978, the unexecuted portion of his confinement was suspended and the applicant was transferred to the Retraining Brigade.
Subsequent to the SPCM, he received three additional NJPs as follows: 26 June 1978, AAPD; 21 July 1978, AAPD, acting with contempt toward a noncommissioned officer, and failure to obey a lawful order; and, 1 September 1978, AAPD, using provoking language and willfully disobeying a lawful order.
A summary of the applicant's attitude, conduct, performance and discreditable acts was compiled for the period of 10 May 1978 through 1 September 1978. During this period the applicant had 28 entries of negative incidents. His weekly evaluations oscillated between satisfactory and unsatisfactory on a weekly basis. At the end of this period the Retraining Brigade Team Commander recommended that the applicant be discharged with a misconduct discharge.
On 5 September 1978, the Retraining Brigade Unit Commander initiated discharge proceedings under Army Regulation 635-200, chapter 14, for misconduct. The applicant was notified of his rights to have a board of officers review his case, to be represented by counsel, to submit a statement on his own behalf and to have a medical examination. After consultation with military counsel, he waived all of these rights except to submit a statement on his own behalf. In this statement the applicant admitted that he was wrong and asked for a second chance. He did not raise the issue of a physical condition being a contributory cause of his misconduct. A separate document specifically addressing the waiver of a medical examination was prepared; wherein, the applicant acknowledged his rights and continued to waive his right to the medical examination.
The discharge authority approved the discharge recommendation and directed that the applicant be discharged under Chapter 14, AR 635-200 for misconduct and be furnished an Under Other Than Honorable Discharge Certificate.
The applicant was discharged on 15 August 1978; he had 11 months and 3 days of creditable service with 42 days of lost time.
| CASE ID | AR2002066245 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020702 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.31 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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